Real Estate Lawyer in Ibiza and the Balearic Islands
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We provide our best legal advice in land law and property rights. Thus, we take care of the entire legal process of a real estate sale and purchase, from the negotiation, the preparation of a Due Diligence that proves the legal status of the property subject of the sale and purchase, the drafting of non-disclosure agreements (NDA), letter of intent, penitential, penal and confirmatory earnest money agreements, the drafting of the public deed of sale and purchase, registration in the Land Registry, identification of the taxes derived from the sale and purchase, etc.
We also take care of leases and rentals of homes, business premises and offices. We draft the corresponding agreements, as well as we assume the legal direction in judicial eviction proceedings, either for non-payment of rent or for breach of contract. We send a prior burofax to the tenant, draft the eviction lawsuit, attend the trial or oral proceeding, prepare the execution lawsuit and even attend evictions accompanied by the solicitor.
At Rodríguez Tur Abogados we advise owners of rural and urban plots on matters such as surface area corrections (enlargement/reduction of the land area), easements, boundary disputes, as well as matters relating to legal pre-emption and redemption. If you have a problem with your property, do not hesitate to contact us and we will offer you honest, precise and rigorous advice so that you can enjoy your property with peace of mind.
Real Estate Lawyers in Ibiza and Formentera
Our lawyers in Ibiza are specialized in offering legal solutions in real estate law. We advise on the purchase and sale of properties, rentals and development of real estate projects, ensuring compliance with all local regulations.
Real Estate Law Services Ibiza and the Balearic Islands
Real Estate Sales
We offer comprehensive advice on real estate purchase and sale operations in Ibiza. This includes reviewing and drafting contracts, verifying ownership and encumbrances, assisting in negotiating terms, and ensuring compliance with all legal regulations. Our goal is to guarantee safe and efficient transactions, protecting the interests of our clients at every stage of the process.
Urban Due Diligence
We carry out urban due diligence in Ibiza to evaluate the viability of real estate projects. We analyze the legal and urban situation of the land, review licenses and permits, and detect possible legal contingencies. This process provides investors with a clear and detailed vision, allowing them to make informed decisions and mitigate risks.
Ibiza Rental Contracts
We offer advisory services on rental contracts in Ibiza, both for owners and tenants. This includes drafting and reviewing contracts, resolving disputes, and advising on legal rights and obligations. Our approach ensures that all leasing agreements comply with applicable regulations and protect the interests of the parties involved.
Evictions
We provide legal assistance in eviction proceedings in Ibiza, representing both owners and tenants. Our service includes the preparation of documentation, mediation of disputes, and legal defense in court. We ensure that the process is carried out in accordance with the law, always seeking the most favorable solution for our clients.
Surface Rectifications before the Cadastre and Registry
We advise on the correction of surface discrepancies of properties in the Cadastre and the Property Registry in Ibiza. We manage the collection of necessary documentation, the presentation of applications and the defense before the corresponding administrations, ensuring that the registry information accurately reflects the physical reality of the properties.
Easements
We offer legal advice on the creation, modification and extinction of easements in Ibiza. We assist in the drafting of agreements, the resolution of conflicts between neighbors and the registration of easements in the Property Registry. Our objective is to guarantee the correct regulation of the rights and obligations between the properties involved.
Demarcations
We provide demarcation services in Ibiza to determine and mark the exact boundaries of properties. This includes carrying out topographical studies, mediating between the parties, and defending our clients in judicial proceedings. We ensure that property boundaries are clearly established and recorded.
Right of first refusal and withdrawal
We advise on the exercise of the right of first refusal and withdrawal, guaranteeing that our clients can acquire properties under preferential conditions. We manage the notification of sales intentions, the drafting of contracts, and representation in legal proceedings if necessary, always protecting the rights of our clients.
Frequently Asked Questions in Real Estate Law
When purchasing a second-hand property, the Transfer Tax (ITP) is paid, which varies between 6% and 13% depending on the autonomous community. For new homes, VAT (10%) is applied. When selling, the seller faces the Municipal Capital Gains Tax (Plusvalía Municipal) and, if there is a gain, the Personal Income Tax (IRPF).
Limited-price housing is a property subject to sale and rental price restrictions imposed by the government to facilitate access to housing. They are generally aimed at groups with lower incomes and usually have specific conditions regarding use and sale for a determined period.
The Real Estate Agents Register in the Balearic Islands is a mandatory register that certifies that professionals in the sector meet legal requirements, training, and liability insurance. Its purpose is to protect consumers by ensuring that real estate transactions are carried out with safety and transparency.
To sell a property, you will need the deed of ownership, the simple registration certificate, the energy efficiency certificate, the latest IBI receipt, the certificate of debts with the homeowners’ association (if applicable), and the certificate of occupancy, among other documents.
It is not mandatory to register a property in the Property Registry, but it is highly recommended, as it ensures the legal security of the property and protects the owner from third parties. Additionally, it facilitates obtaining financing and prevents legal issues in the event of a sale or inheritance.
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